Section 13B: References under section 13: application of Enterprise Act 2002, Railways Act 1993

The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (1A), (2) and (3) below, for the purposes of references under section 13 above as they applied immediately before that date for the purposes of references under that Part—

section 109 (attendance of witnesses and production of documents etc.);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties); and

section 116 (statement of policy).

Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—

for subsection (A1), there were substituted—A1For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 13 of the Railways Act 1993., and

subsection (8A) were omitted.

Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—

subsection (2) were omitted; ...

after subsection (3), there were inserted—3ANo penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.; and

in subsection (9) the words from "or section" to "section 65(3))" were omitted.

Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—

Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply , as it had effect immediately before the relevant date, in relation to functions of the CMA in connection with references under section 13 as it applied immediately before that date in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), —

the words ", OFCOM or the Secretary of State" were omitted; and

for the words "their functions" there were substituted ." its functions "

Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders), shall, for the purposes of the application of those sections by virtue of subsection (1) or (4) above, have effect in relation to those sections as applied by those subsections as those provisions had effect immediately before that date.

Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

In this section "the relevant date" means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

Section 13B: References under section 13: application of Enterprise Act 2002

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